This week, the nation’s first statewide school choice program faces what is likely to be its last, and most important, court battle.
On Tuesday, the Florida Supreme Court began hearing arguments on “Opportunity Scholarships,” the state’s program to improve failing public schools through school choice. Opposition has been ongoing − just one day after legislation passed in 1999, opponents filed a lawsuit challenging the program. The case has worked its way through state courts, finally reaching the Florida Supreme Court.
Florida’s “Opportunity Scholarships” are a part of the state’s A+ Accountability Program. Students who attend a school graded “F” two times within any 4-year period are eligible for either a transfer to another public school, or a scholarship to attend a private school (religious or non-religious). In 2004-05, students from 21 schools were eligible − 690 students participated in the program, with an average scholarship value of $4,241. The program has benefited numerous students, many of them disadvantaged pupils languishing in lousy schools. And the schools they leave behind are getting the message.
In fact, according to the Institute for Justice, four independent studies have confirmed that the threat of losing students has prompted real reform in Florida’s failing public schools. Studies evaluating Florida’s program have found that low-performing schools already facing competition from vouchers showed the greatest academic improvement.
So, what’s the problem? It’s no surprise that teachers’ unions and similar groups instinctively oppose any kind of competition, and Florida is no different. This time, opponents are basing their legal argument on the state constitution’s Blaine Amendment. Named after a failed federal constitutional amendment introduced in the U.S. Senate by Senator James Blaine of Maine in 1875, Blaine Amendments have a little-known history of blatant religious discrimination.
While late nineteenth-century public schools were considered non-denominational, they were far from non-religious. Activities such as school prayer, Bible lessons, and hymn-singing were commonplace. Catholics were understandably uncomfortable with sending their children to government schools, and began agitating for equal funding for their schools. Blaine, a nativist politician who opposed the proliferation of Catholics, turned Catholic school aid demands into a political issue, attempting to prevent any legislation that would treat all schools equally. While his amendment failed, his supporters nonetheless succeeded in promoting his agenda in 37 states over the next 25 years. Today, only 3 states have constitutions without either Blaine language or “compelled support” provisions prohibiting states from appropriating funds to religious schools.
The good news is that North Carolina (along with Maine and Louisiana) is one of these states: our state Constitution presents no legal impediments to choice. Unfortunately, “reform” plans for low-performing schools in our state are currently limited to help from Assistance Teams and additional funds. But it is only a matter of time before North Carolina parents and taxpayers demand greater accountability and competition for public schools, through choice programs. For now, though, all eyes are on Florida.